Imrana Khatoon v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17327 of 2014 ====================================================== Imrana Khatoon W/o Md. Quddus Resident of Village Jhamata, P.S. and District Araria.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The District Magistrate, Araria.

3.

The District Programme Officer, Araria.

4.

The Child Development Programme Officer, Araria. 5.

Bibi Nahida Begam W/o Md. Tahjib, D/o Late Ayub Resident of Village Jhamta, Ward No. 10, P.S. and District Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kr. Jha, Adv.

Mr. Rajesh Kr. Chaubey, Adv.

For the State :

Mr. Arvind Kumar, SC 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 01-12-2022

1. The petitioner challenges the appointment granted to the respondent on the post of Aganbari Hasib Tola at the Aganbari Centre.

2. Learned counsel submits that the respondent no. 5 was wrongly appointed and she had given her representation. The petitioner submits that the appointment given to the respondent was wrongful. She was a relative of the ward member and daughter and her father was not belonging to the village where she has been appointed.

3. Learned counsel appearing for the respondent State submits that the remedy is available to the petitioner to file an

Patna High Court CWJC No.17327 of 2014(3) dt.01-12-2022 2/2 appeal before the District Programme Officer.

4. Although, this writ petition is pending since 2014. This court finds that matter was never taken up by the court on account of pendency in this court, the petitioner should not be denied benefit of filing of an appeal before the concerned authority. Granting liberty to the petitioner to file an appeal before the District Programme Officer this writ petition is disposed of.

5. It is made clear that the District Programme Officer shall after giving opportunity to both the parties of filing and decide the issue positively within a period of three months. (Sanjeev Prakash Sharma, J) Sachin/- Item No. 40 U